ToC
32-01

Special Provisions for Adult Establishments

In addition to the applicable regulations for the uses listed in a permitted Use Group, adult establishments shall be subject to the following provisions:

(a)        Adult establishments are not permitted in C1, C2, C3, C4, C5, C6-1, C6-2 or C6-3 Districts.

(b)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no adult establishment shall be established less than 500 feet from a house of worship, a school, a Residence District, a C1, C2, C3, C4, C5-1, C6-1, C6-2 or C6-3 District, or a Manufacturing District, other than an M1-6M District, in which new residences or new joint living-work quarters for artists are allowed as-of-right or by special permit or authorization. No provisions or findings of such special permit or authorization which require an assessment of the impact of new residences or new joint living-work quarters for artists on commercial or manufacturing uses within a Manufacturing District shall be construed as a limitation on the scope of this provision. However, on or after October 25, 1995, an adult establishment that otherwise complies with the provisions of this paragraph shall not be rendered non-conforming if a house of worship or a school is established on or after April 10, 1995, within 500 feet of such adult establishment.

(c)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no adult establishment shall be established less than 500 feet from a previously established adult establishment.

(d)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, no more than one adult establishment permitted under this Section shall be established on a zoning lot.

(e)        In C6-4, C6-5, C6-6, C6-7, C6-8, C6-9, C7 or C8 Districts, adult establishments shall not exceed, in total, 10,000 square feet of floor area and cellar space not used for enclosed storage or mechanical equipment.

(f)        Adult establishments which were established on October 25, 1995, and conform to all provisions of the Zoning Resolution relating to adult establishments other than the provisions of all or any combination of paragraphs (c), (d), and (e) of this Section, shall not be subject to the provisions of Section 52-77 (Termination of Adult Establishments).

For purposes of this Section, an adult establishment shall be established upon the date of a permit issued by the Department of Buildings therefor, or, in the case of an adult establishment in existence prior to August 8, 2001, as determined by the Department of Buildings, subject to rules as the Department of Buildings may prescribe regarding the failure to perform work authorized under a permit or to commence operation pursuant to a permit and the discontinuance of an adult establishment.

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